IKB Deutsche Industriebank Aktiengesellschaft IKB FINANCE B.V.
IKB Deutsche Industriebank Aktiengesellschaft IKB FINANCE B.V.
IKB Deutsche Industriebank Aktiengesellschaft IKB FINANCE B.V.
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similar investments in a conventional debt security. Such risks include the risk that the holder of such<br />
Note will receive no interest at all, or that the resulting interest rate will be less than that payable on a<br />
conventional debt security at the same time and/or that the holder of such Note could lose all or a<br />
substantial portion of the principal of its Notes. In addition, investors should be aware that the market<br />
price of such Notes may be very volatile (depending on the volatility of the relevant currency, commodity,<br />
interest rate, index or formula).<br />
Neither the current nor the historical value of the relevant currencies, commodities, interest rates or<br />
other indices or formulae should be taken as an indication of future performance of such currencies,<br />
commodities, interest rates or other indices or formulae during the term of any Note.<br />
Subordinated Notes of <strong>IKB</strong> AG and <strong>IKB</strong> <strong>FINANCE</strong><br />
<strong>IKB</strong> AG and <strong>IKB</strong> <strong>FINANCE</strong> may issue subordinated Notes. The obligations of <strong>IKB</strong> AG and <strong>IKB</strong> <strong>FINANCE</strong><br />
in case of Subordinated Notes constitute unsecured and subordinated obligations. In the event of the<br />
dissolution, liquidation, institution of insolvency proceedings over the assets of, composition or<br />
other proceedings for the avoidance of institution of insolvency proceedings against the relevant<br />
Issuer, such obligations will be subordinated to the claims of all unsubordinated creditors of the relevant<br />
Issuer so that in any such event no amounts shall be payable under such obligations until the<br />
claims of all unsubordinated creditors of the relevant Issuer shall have been satisfied in full. No<br />
Holder may set off its claims arising under the Notes against any claims of the relevant Issuer. No<br />
security of whatever kind is, or shall at any time be, provided by the relevant Issuer or any other person<br />
securing rights of the Holders under such Notes. No subsequent agreement may limit the subordination<br />
or amend the Maturity Date in respect of the Notes to any earlier date or shorten any applicable<br />
notice period (Kündigungsfrist).<br />
Subordinated Notes of <strong>IKB</strong> AG<br />
If the Notes are redeemed before the Maturity Date otherwise than in the circumstances described in<br />
§ 2 of the Terms and Conditions or as a result of an early redemption according to § 5(1) or the Terms<br />
and Conditions or repurchased by <strong>IKB</strong> AG otherwise than in accordance with the provisions of<br />
§ 10(5a) sentence 6 of the German Banking Act (Gesetz für das Kreditwesen), then the amounts redeemed<br />
or paid must be returned to <strong>IKB</strong> AG irrespective of any agreement to the contrary unless the<br />
amounts paid have been replaced by other liable capital (haftendes Eigenkapital) of at least equivalent<br />
status within the meaning of the German Banking Act, or the Federal Supervisory Authority for<br />
Financial Services (Bundesanstalt für Finanzdienstleistungsaufsicht) has consented to such redemption<br />
or repurchase.<br />
Subordinated Notes of <strong>IKB</strong> <strong>FINANCE</strong><br />
In respect of subordinated obligations of <strong>IKB</strong> <strong>FINANCE</strong>, all obligations of <strong>IKB</strong> AG as Guarantor under<br />
the Subordinated Guarantee rank at least pari passu with all other unsecured and subordinated present<br />
or future obligations of the Guarantor. In the event of the dissolution, liquidation, institution of<br />
insolvency proceedings over the assets of, composition or other proceedings for the avoidance of<br />
institution of insolvency proceedings over the assets of, or against, the Guarantor, such obligations<br />
will be subordinated to the claims of all unsubordinated creditors of the Guarantor so that in any such<br />
event no amounts shall be payable under such obligations until the claims of all unsubordinated<br />
creditors of the Guarantor shall have been satisfied in full. No Holder may set off its claims arising<br />
under the Subordinated Guarantee against any claims of the Guarantor. No security of whatever kind<br />
is, or shall at any time be, provided by the Guarantor or any other person securing rights of the<br />
Holders under the Notes or the Subordinated Guarantee. No subsequent agreement may limit the<br />
subordination or shorten the term of the Guarantee to a date falling before the Maturity Date. If payments<br />
are made before the Maturity Date otherwise than in the circumstances described in the Terms<br />
and Conditions of the Notes are repurchased by the Issuer or the Guarantor otherwise than in accordance<br />
with the provision of § 10 (5a) sentence 6 of the German Banking Act (Gesetz über das Kreditwesen),<br />
then the amounts redeemed or paid must be returned to the payer irrespective of any agree-<br />
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